ct to removal by and with the advice and consent of
the Senate_.'

"The first inquiry which arises on this language," said Judge Curtis,
"is to the meaning of the words 'for and during the term of the
President.' Mr. Stanton, as appears by the commission which has been
put into the case by the honorable Managers, was appointed in January,
1862, during the first term of President Lincoln. Are these words,
'during the term of the President,' applicable to Mr. Stanton's case?
That depends upon whether an expounder of this law judicially, who
finds set down in it as a part of the descriptive words, '_during the
term of the President_,' has any right to add '_and during any other
term for which he may be afterwards elected_.' I respectfully submit
no such judicial interpretation can be put on the words. Then if you
please, take the next step. 'During the term of the President by whom
he was appointed.' At the time when this order was issued for the
removal of Mr. Stanton, was he holding during the term of the President
by whom he was appointed? The honorable Managers say, Yes; because,
as they say, Mr. Johnson is merely serving out the residue of Mr.
Lincoln's term. But is that so under the provisions of the
Constitution of the United States? . . . Although the President, like
the Vice-President, is elected for a term of four years, and each is
elected for the same term, the President is not to hold his office
absolutely during four years. The limit of four years is not an
absolute limit. Death is a limit. A 'conditional limitation,' as the
lawyers call it, is imposed on his tenure of office. And when the
President dies his term of four years, for which he was elected and
during which he was to hold provided he should so long live, terminates
and the office devolves upon the Vice-President. For what period of
time? _For the remainder of the term for which the Vice-President was
elected_. And there is no more propriety, under those provisions of
the Constitution of the United States, in calling the time during which
Mr. Johnson holds the office of President, after it was devolved upon
him, a part of Mr. Lincoln's term than there would be propriety in
saying that one sovereign who succeeded another sovereign by death
holds part of his predecessor's term."

Judge Curtis consumed two days in the delivery of his argument. He
made a deep impression, not only on the members of the Senate but on
all who had the pri